27 Cfr 555.126

[Code of Federal Regulations]
[Title 27, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR555.126]

[Page 194-195]

TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 555_COMMERCE IN EXPLOSIVES--Table of Contents

Subpart G_Records and Reports

Sec. 555.126 Explosives transaction record for distribution of explosive

materials prior to May 24, 2003 and Limited Permittee Transaction Report
for distribution of explosive materials on and after May 24, 2003.

(a) Explosives transaction record for distribution of explosive
materials prior to May 24, 2003. (1) A licensee or permittee shall not
temporarily or permanently distribute explosive materials to any person,
other than another licensee or permittee, unless he records the
transaction on an explosives transaction record, ATF F 5400.4.
(2) Before the distribution of explosive materials to a nonlicensee
or nonpermittee who is a resident of the State in which the licensee or
permittee maintains his business premises, or to a nonlicensee or
nonpermittee who is not a resident of the State in which the licensee or
permittee maintains his business premises and is acquiring explosive
materials under Sec. 555.105(a)(3), the licensee or permittee
distributing the explosive materials shall obtain an executed ATF F
5400.4 from the distributee which contains all of the information
required on the form and by the regulations in this part.
(3) Completed ATF F 5400.4 is to be retained by the licensee or
permittee as part of his permanent records in accordance with paragraph
(a)(4) of this section.
(4) Each ATF F 5400.4 is retained in numerical (by transaction
serial number) order commencing with ``1'' and continuing in regular
sequence. When the numbering of any series reaches ``1,000,000,'' the
licensee or permittee may recommence the series. The recommenced series
is to be given an alphabetical prefix or suffix. Where there is a change
in proprietorship, or in the individual, firm, corporate name or trade
name, the series in use at the time of the change may be continued.
(5) The requirements of this section are in addition to any other
recordkeeping requirement contained in this part.
(6) A licensee or permittee may obtain, upon request, a supply of
ATF F 5400.4 from the Director.
(b) Limited Permittee Transaction Report for distribution of
explosive materials on and after May 24, 2003. (1) A licensee or
permittee may not distribute explosive materials to any person who is
not a licensee or permittee. A licensee or permittee may not distribute
explosive materials to a limited permittee unless the distributor
records the transaction on ATF Form 5400.4, Limited Permittee
Transaction Report.
(2) Before distributing explosive materials to a limited permittee,
the licensee or permittee must obtain an executed Form 5400.4 from the
limited permittee with an original unaltered and unexpired Intrastate
Purchase of Explosives Coupon (IPEC) affixed. Except when delivery of
explosive materials is made by a common or contract carrier who is an
agent of the limited permittee, the licensee, permittee, or an agent of
the licensee or permittee, must verify the identity of the of the holder
of the limited permit by examining an identification document (as
defined in Sec. 555.11) and noting on the Form 5400.4 the type of
document presented. The licensee or permittee must complete the
appropriate section on Form 5400.4 to indicate the type and quantity of
explosive materials distributed, the license or permit number of the
seller, and the date of the transaction. The licensee or permittee must
sign and date the form and include any other information required by the
instructions on the form and the regulations in this part.
(3) One copy of Form 5400.4 must be retained by the distributor as
part of his permanent records in accordance with paragraph (b)(4) of
this section and for the period specified in Sec. 555.121. The
distributor must mail the other copy of Form 5400.4 to the Bureau of
Alcohol, Tobacco, Firearms and Explosives in accordance with the
instructions on the form.
(4) Each Form 5400.4 must be retained in chronological order by date
of disposition, or in alphabetical order by name of limited permittee. A
licensee may not, however, use both methods in a single recordkeeping
system. Where there is a change in proprietorship by a limited
permittee, the forms may continue to be filed together after such
change.

[[Page 195]]

(5) The requirements of this section are in addition to any other
recordkeeping requirement contained in this part.

(Approved by the Office of Management and Budget under control number
1140-0078)

[T.D. ATF-87, 46 FR 40384, Aug. 7, 1981, as amended by T.D. ATF-93, 46
FR 50787, Oct. 15, 1981; T.D. ATF-172, 49 FR 14941, Apr. 16, 1984; T.D.
ATF-446, 66 FR 16602, Mar. 27, 2001; ATF No. 1, 68 FR 13791, Mar. 20,
2003]